DIE Martis, 24 die Februarii.
PRAYERS, by Mr. Corbett.
Comes Manchester, Speaker.
L. Viscount Say & Seale.
Ingle, &c. and Cornwallis.
Upon reading the Petition of Captain Ingle, concerning his Business in Marylande.
(Here enter the Petition.)
It is Ordered, That this House will hear the Cause
this Day Sevennight, at this Bar, by Counsel on both
Sides; and that all Proceedings against him at the Common Law be stayed.
Reduced Scots Officers Petition for Arrears.
Upon reading the Petition of the Scotch Officers reduced the 5th April last; desiring "they may have some
Part of their Arrears paid unto them, whereby they
may be enabled to give Satisfaction to their Creditors."
It is Ordered, That this Petition be recommended
to the House of Commons.
Sir H. Mildmay's Claim.
Ordered, That the Cause of Sir Henry Mildmay is
put off until Friday come Three Weeks.
Ordered, That Mr. Chamb'l' Cause is put off till
Answer from the H. C.
Doctor Aylett and Doctor Heath return with this
Answer from the House of Commons to the Message
That they agree to the Pass to Mr. Bacon; as to the
rest of the Particulars, they will send an Answer by
Messengers of their own.
Message from thence, with a Vote for abolishing the Court of Wards.
A Message was brought from the House of Commons, by Sir Henry Vane Junior, Knight, &c.
That in this Time of great Distractions, wherein the
Lords and the House of Commons, and the whole Kingdom, have adventured their Lives and Fortunes, and
for Recompence to the whole Kingdom, they have
thought to take away a great Burthen; therefore have
made a Vote, wherein the House of Commons desire
their Lordships Concurrence.
The Vote was read, as follows:
"That the Court of Wards and Liveries, and all
Wardships, Liveries, Primer Seizins, and Oustre les
Maines, and all other Charges incident or arising for
or by reason of Wardship, Livery, Primer Seizin, or
Oustre le Maine, be from this Day taken away;
and that all Tenures by Homage, and all Fines, Licences, Seizures, and Pardons for Alienation, and all
other Charges incident thereunto, be likewise taken
away; and that all Tenures by Knights Service,
either of His Majesty or others, or by Knights Service, or Soccage in Capite of His Majesty, be turned
into Free and Common Soccage."
Resolved, upon the Question, nemine contradicente,
That this House agrees to this Vote as it is now
brought up from the House of Commons.
The Answer returned was:
That this House agrees with the House of Commons
in this Vote now brought up.
Message from the H. C. with an Ordinance and Orders.
A Message was brought from the House of Commons, by Sir Henry Mildmay Knight, &c.
To desire Concurrence in divers Particulars:
1. An Ordinance for the Moiety of the Excise of
the City of Bristow, to be for the Maintenance of the
Garrison of Bristoll. (Here enter it.)
Read, and Agreed to.
2. An Order for Five Pounds for Joane Wilson, out
of Haberdashers Hall.
3. An Order for Mr. Whitlock to have the Lord Littleton's Books.
4. An Order for remitting the Earl of Carberie's
Crimes, in reference to his Military Employments.
5. An Order for continuing the Ordinance for the
Northern Association. (Here enter it.)
6. An Order for Mr. Tho. Morgan, Mr. Wm. Herbert,
and Mr. Edmond Morgan, to be of the Committee of
Gloucester, Hereford, Monmouth, &c. (Here enter it.)
7. That Colonel Kerle be Governor of Monmouth.
8. An Order for Power to the Committee at Gouldsmithes Hall to suspend Sequestrations.
9. Order for the Lord Savill's Enlargement, and to
declare himself to a Committee.
Ordered, To be taken into Consideration on Friday
10. An Order for Tuesday Fortnight to be the Day
of Thanksgiving in the City and Ten Miles about, for
the good Success in the West.
Ordered, That the Day be changed from Tuesday
to Thursday come Fortnight.
The Lord Wharton reported divers Papers from the
Committee of both Kingdoms:
Papers between the H. C. and the Scots Commissioners.
"Die Lunæ, 23 Feb. 1645.
"At a Committee of the Members of both Houses
that are of the Committee of both Kingdoms.
Ordered, That it be reported to the House of
Lords, that the Scotch Paper of the 27 Jan. was not
sent to the House of Commons by the Committee of
both Kingdoms; nor was the Answer of the House
of Commons of the 12th of February sent to the Scotts
Commissioners by the Members of both Houses that
are of the Committee of both Kingdoms."
"Ordered, That the Letter from Colonel Needham
to this Committee, without Date, be reported to both
"At a Committee of the Members of both
Col. Needham to be Governor of Leicester, and Colonel of a Regiment of Foot; and Cambridge to be his Major.
"Ordered, That both Houses be desired (if they
think fit), that their Order concerning Colonel Needham to be Governor of Leycester may be amended, it
seeming to be defective; and that he may have Commission to be Governor of the Town, and Colonel of
a Regiment of Foot, to bear Date from the Time of
the Re-taking of Lecester by Sir Thomas Fairefax;
and that Major Cambridge may be Major to the same
Regiment of Foot, and his Commission to bear the
Colonel Nedham's Letter was read, as follows:
Letter from Col. Needham, about the Terms demanded by Gen. Hastings so Surrender of Ashby de la Zouch.
"Upon my Second Meeting with General Hastings,
I found him stiffly to prosecute his First Demands, and
utterly unsatisfied with what your Lordships had
granted; affirming, that the Benefit would very little
accrue to him by taking off his Sequestration, his
Estate being little or nothing worth, and so should
part with such a considerable Garrison upon so poor
and inconsiderable Terms; and therefore would have
those listed Officers and Gentlemen that he had given
in, to have their Sequestrations taken off, or else no
further Speech to be had upon the Business; but at
last the Conclusion of the Business came to this, That
the Sequestrations of his own Brother's, the Earl of
Huntingdon and Colonel Perkins the Governor their
Estates to be taken off; and that if the Parliament
will grant a Power to Sir Ric'd Skevington, of Coventry, and myself, to compound with them for their
Delinquency, that then, upon such a Grant, they
have absolutely engaged themselves to flight their
Garrison, without any further Excuse or Delay. I
shall humbly beseech your Honours, that, if your
Wisdom and grave Considerations shall think this fit,
and us so faithful as shall incline you to it, that Sir
Arthur Heslerige might be added in the Commission;
for I doubt not but I shall get General Hastings to consent to it, and that the Business might be dispatched
with all Expedition; for, besides the great Concernment of this County, it will prove of great Consequence to our Leaguer at Newarke; for Ashby being
reduced, their Horse, after once broke out (which
shortly expected), must of Necessity march so far as
they are not likely to annoy them any more, which
otherwise is extremely feared; besides, if once come
thither, it is much to be questioned how the Lord of
Loughborough shall be Master of his own Intention in
"But I now rest, who am,
"Your most humble Servant,
Payment of Monies chargeable on the Court of Wards.
"Resolved, &c. That Provision be made, as shall be
by both Houses of Parliament (fn. *) thought meet, for Payment of such Sums of Money as be charged, or
chargeable, or assigned out of any Revenue belonging
to the Court of Wards and Liveries, appointed to be
paid to any Person or Persons out of such Revenue."
The Concurrence of the House of Commons to be
Message to the H. C. about the Orders for Bristol and Northern Association;
A Message was sent to the House of Commons, by
Mr. Doctor Aylett and Doctor Heath:
1. To let them know, that this House agrees to the
Two Orders for the Garrison of Bristoll, and for continuing the Association of the Northern Counties.
2. To let them know, that this House agrees to the
Order for the Day of Thanksgiving, with the Alteration of the Day from Tuesday to Thursday come Fortnight.
Vote Co about the Wards.
3. To desire Concurrence in the Vote, and the Order
concerning the Officers of the Court of Wards, and
the several Sums of Money charged and assigned out of
and for Col. Needham to agree with Gen. Perkins, for the Surrender of Ashby de la Zouch.
4. To deliver to them the Report, and the Letter
of Mr. Needham Governor of Leycester, and to let
them know, that this House agrees that the Sequestrations of those Three Persons mentioned in the Letter
be taken off; and that it be referred to Sir Ric'd
Skevington and the Governor of Leycester, to compound
with the rest of the Persons; and the Concurrence of
the House of Commons to be desired herein.
Mrs. Cromwell and Sir H. Tracy.
Ordered, That the Cause between Mrs. Cromwell
and Sir Humphry Tracy shall be heard on; and
that the Officer of the Rolls shall bring into this House,
at the Hearing of the Cause, the Original Decree.
Ordered, That the Answer of the Assembly of Divines shall be printed and published, as was formerly
Letter from the Committee with the Army.
A Letter from the Earl of Rutland was read, with
a Paper inclosed. (Here enter it.)
Answer of the Assembly to a Remonstrance of their Dissenting Brethren, to be published.
Ordered, by the Lords in Parliament assembled,
That the Answer of the Assembly of Divines to a Remonstrance lately delivered into the said Assembly by
Thomas Goodwin, Ieremy Burroughes, William Greenhill,
William Bridge, Phillip Nye, Sydrach Symson, and
William Carter, declaring the Grounds and Reasons of
their declining to bring into the Assembly their Model
of Church Government, shall be printed and published
by the said Assembly.
Order for the Moiety of the Excise of Bristol for the Use of the Garrison there.
"Whereas, for the present Maintenance of the Garrison of the City of Bristoll, which may also conduce to the better Settlement of the Excise in those
West Counties, there will be required greater Sums
of Money than can in the present Condition of those
Parts be well raised by Contribution: Be it Ordained, by the Lords and Commons in Parliament assembled, That the Receipts of the Excise and new
Impost, within the said City of Bristoll and the District
of the Office thereof, shall be wholly (the Charges
of the Collection deducted) appropriated to the Maintenance of the Forces of the said City; the which
Monies the Commissioners of Excise are hereby authorized to make due Payment thereof accordingly to the Treasurer of the Garrison of the said City,
whose Receipt or Receipts shall be a sufficient Discharge unto the Commissioners of Excise and their
Deputies, and every of them: Provided always,
That this Ordinance do not commence till Eight
Days after the Date hereof, nor continue in Force
for longer Time than Two Months, reckoning Eight
and Twenty Days to the Month, without further
Order of both Houses of Parliament."
Ordinance to continue the One for the Northern Association.
"It is this Day Ordered, by the Lords and Commons assembled in Parliament, That the Ordinance
formerly passed for the Northern Association be continued till the 20th Day of March next; and all
Clauses and Powers therein, except those that concern the receiving and making Use of any of the
Revenues of the Crown."
Committees for Gloucester, Hereford, &c.
"The Lords and Commons assembled in Parliament do agree, that Thomas Morgan of Mathen,
William Herbert of Cowldbrooke, and Edmond Morgan
of Penlansarch, Esquires, be added to, and shall be
of, the Committee of the several Counties of Gloucester, Hereford, Monmouth, Glamorgan, Brecknock,
Order for a General Thanksgiving.
"Whereas Thursday Sevennight is, by former Order, appointed to be set apart for a Day of Public
Thanksgiving, for the great Mercy of God, in giving up the City of Chester into the Hands of the
Parliament; and whereas it hath pleased God to
add a further Mercy, in the happy Success of the
Forces of the Parliament against the Forces of the
Enemy, at Torrington, in Devonsheir: It is thereupon
Ordered, by the Lords and Commons, That the
same Day, the respective Ministers, in the several
Counties under the Power of the Parliament where
the said Day of Thanksgiving is appointed to be observed, do praise God for this other Mercy at Torrington; and that they do stir up the People to a
due Thankfulness for the same; and the Knights
and Burgesses of the several Counties are to take
Care that this Order be sent to the several Counties
and Places they serve for, to the End that the Ministers may have timely Notice hereof."
Letter from the Committee with the Army, with a Muster of the Scots Forces before Newarke.
"For the Lord Grey of Warke, Speaker of the
House of Peers at Westm. These.
"May it please your Lordships,
"I send your Lordships here inclosed an Abbreviate
of the Musters of the Scottish Army. The Rolls
themselves are very long, and therefore Copies of
them are sent only to the House of Commons. And
I beeseech you give me Leave to put your Lordships in Mind of my former Letters concerning those
Forces. The Committee of Nottinghamsheir tell us
of the real Ease which comes to them by the Eight
Hundred Thirty-three Pounds Weekly paid by us
to that Army, and that they could not have subsisted without it; and our Experiences assures us of
the Truth thereof. We have paid Four Weeks Payments, and Two more are due on Wednesday next;
so as the Six Thousand Pounds advanced by the
Treasurers of Gouldsmiths Hall will be suddenly run
out; and we know not how the Inhabitants of the
North Side Trent can possibly then subsist. We
cannot think of any Way for so many Horse on the
North Side Trent; neither doth the Service in those
Parts require the Fourth Part of them, or any more
Foot than are there: And if any of their Horse
should come on this Side Trent, our Forces must
speedily disband, and the Siege be raised; for all
we can do to get Provisions for those we have will
scarcely serve; and we have already full as many
English Horse on the South Side Trent as are needful for the Service, and indeed too many if the
Yorkesheir Committees do not pay theirs, who write
unto us they are not able, the Scottish Horse assessing on some Places of their County after Ninety
Thousand Pounds per Mensem, and which, some
Yorkesheir Gentlemen now with us say, is increased
to the Rate of One Hundred and Ten Thousand
Pounds per Mensem; but we hope the Committees
of Yorkesheir will consider that not to be the Way
for the public or their own Good, but will, through
all Difficulties, pay their Forces whilst they are employed before Newarke, the reducing thereof so very
much conducing to the Service of the whole Kingdom,
especially of the Northern Parts. We earnestly desire some, authorized from the Parliament of Scotland, may come speedily to join with us, to order
the Scottish Army: We have been told these Eight
Weeks that they are daily expected; but we hear
not of any on their Way to us.
Lincolne, 21th Feb. 1645.
Most humble Servant,
Muster of the Scots Army before Newark.
"An Abbreviate of the Musters taken of the
Horse, Foot, and Train of Artillery, of the
Scottish Army, at Muskham, the 17th January,
"The General the Earl of Leven's Regiment,
|"Lieutenant General David Lesleye's Regiment,
|"Major General Middleton's Regiment,
|"Lord Balcarres's Regiment,
|"Sir Fredrick Hamilton's Regiment,
|"Sir James Ramsey's Regiment,
|"Sir John Browne's Regiment,
|"Colonel Vandruske's Regiment,
|"The Commanded Party,
|"Colonel Welden's Regiment,
|"College of Justice Troop,
|"Two Trroops under Lieutenant Colonel Hamilton and Captain Disney,
|"In all (besides Officers), (fn. *)
Earl Martiall's Regiment,
|"Earl of Tullibardime's Regiment,
|"Lord St. Clare's Regiment,
|"Lord Levingstone's Regiment,
|"Sir Thomas Ruthin's Regiment,
|"Sir Arthur Erskin's Regiment,
|"Sir David Home's Regiment,
|"Colonel Scott's Regiment,
|"In all (besides Officers),
|"Train of Artillery,
|"Officers and Men belonging to the Train,
Capt. Ingle, who assisted the Protestants against the Papists in Maryland, Petition, to be relieved in Actions brought against him for it by Cornwallis & al.
"To the Right Honourable the Lords now in
"The humble Petition of Richard Ingle;
"That whereas the Petitioner having taken the Covenant, and going out with Letters of Marque, as
Captain of the Ship The Reformation of London, and
failing to Maryland; where finding the Governor of
that Province to have received a Commission from
Oxford, to seize upon all Ships and Goods belonging to London, and to execute a tyrannical Power
against the Protestants and such as adhered to the
Parliament, and to press wicked Oaths upon them,
and to endeavour their Extirpation; the Petitioner,
conceiving himself not only by his Covenant, but
in his Fidelity to the Parliament, to be conscientiously obliged to come in to their Assistance, did
venture his Life and Fortunes in landing his Men,
and assisting the said well-affected Protestants against
the said tyrannical Governor, and the Papists and
Malignants his Adherents, and had several Bickerings with them; and it pleased God to enable him
to take divers Places from them, and to make him a
Support to the said Well-affected.
"But, since his Return into England, the said Papists
and Malignants conspiring together have brought
fictitious Actions against him at the Common Law,
in the Name of Thomas Cornwallis and others, for
pretended Trespasses, in taking away their Goods,
in the Parish of St. Christopher's, London; and then
recited the Particulars, which are the very Goods
that were by Force of War justly and lawfully taken
from these wicked Papists and Malignants in Maryland, and with which he relieved the poor distressed
Protestants there, who otherwise must have starved
and been rooted out.
"Now, forasmuch as your Lordships, in Point of
State, by the Order annexed, were pleased to direct
an Ordinance to be framed, for the settling of the
said Province of Maryland under the Command of
Protestants, and for the Indemnity of the Actors in
it; and for that such false and feigned Actions, for
Matters of War acted in Foreign Parts, are not
by Law triable at the Common Law; but, if at all,
before the Constable and Marshal; and for that it
would be of dangerous Example to permit Papists
and Malignants to bring Actions of Trespass or
otherwise against the Well-affected, for fighting and
standing for the Parliament;
"The Petitioner most humbly beseecheth your
Lordships to be pleased to direct that this
Business may be heard before your Lordships at the Bar, or to refer it to a Committee, to report the true State of the Case;
and to order that the said Suits against the
Petitioner at the Common Law may be staid,
and no further (fn. *) proceeded in.
"Die Jovis, 25 Decembris, 1645.
Ordinance for settling Maryland under the Command of Protestants.
Ordered, by the Lords in Parliament assembled,
That the Committee for Foreign Plantations do draw
up an Ordinance, and present it to this House, for
the settling of the Plantation of Maryland under
the Command of Protestants, and for the Indemnity
of those that have or shall act in this Business."
House adjourned till 9a cras (fn. †) .